A.S. Haley—An Overview of the Complex Situation between TEC and the Dioc. of S.C. in South Carolina

Posted by Kendall Harmon

8. Thus, up through the end of February 2013, all proceedings to date had taken place in the Circuit Court of Dorchester County, South Carolina. But on March 5, everything changed. On that date, Bishop vonRosenberg made the litigation personal, by instituting a lawsuit in his own name in the federal District Court of South Carolina, in Charleston, against Bishop Lawrence as an individual defendant. The lawsuit claimed that Bishop Lawrence was violating the federal trademark Act ("Lanham Act"), by using what Bishop vonRosenberg claimed were marks and names that belonged to his "Protestant Episcopal Church in the Diocese of South Carolina." (Note that, despite his counsel's having consented to the entry of an injunction against Bishop vonRosenberg and others which forbade them from using that name in South Carolina, Bishop vonRosenberg blatantly used the name in his pleadings in the federal District Court.)

9. Two days later, on March 7, Bishop vonRosenberg's attorneys filed and served a motion for a preliminary injunction, supported by voluminous affidavits, in the federal court Lanham Act lawsuit. This motion sought the issuance of an order from the federal court which would do exactly the reverse of what Judge Goodstein had already ordered -- without objection from ECUSA!

10. Bishop vonRosenberg's moving papers, as you can see, mentioned the state court injunction only in these words, and did not attach a copy of the order itself